Terms of Use
Last Updated: June 10, 2024
Coinmama (“Coinmama”, “we”, “our” or “us”) welcomes you to its application and Wallet Service app (collectively, the “App”, “Services” or “CM Wallet”). Before using our Services, please read these Terms of Use and Coinmama Privacy Policy, posted at https://www.coinmama.com/privacy, and incorporated herein by reference (the “Terms”) carefully, along with any other policies or notices on our website or mobile applications.
- Acceptance of Terms
By accessing or using any or all of the Services, you expressly acknowledge that (i) you have read and understood these Terms; (ii) you agree to be bound by these Terms; and (iii) you are legally competent to enter into these Terms. If you do not agree to be bound by these Terms or any updates or modifications to these Terms, you may not access or use our Services. Coinmama reserves the right to fulfil its obligations to you under these Terms itself or through one of its Affiliates.
WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF THE CM WALLET AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN CRYPTO ASSETS TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING CRYPTO ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.
- The Services
The CM Wallet is a non-custodial Wallet Service embedded in a mobile application, built on Fireblocks MPC (Multi Parties Computation) infrastructure, using 2-of-2 MPC signature scheme, as follows:
- the Private Key used for signing transactions in your CM Wallet is separated into 2 (two) shares, where your Device Share, is encrypted and resides in your Device and the Fireblock’s Share is encrypted and resides in Fireblocks server.
- To successfully execute a Transaction, both your Device Share and Fireblocks Share must interact and be used (2-of-2).
This means you are solely in control of and responsible for your Crypto Assets and cryptographic private keys, and accordingly you can send, store and receive any supported Crypto Assets via the relevant Crypto Assets network. You expressly acknowledge and agree that as the CM Wallet is a non-custodial wallet app, you are solely responsible for your activity and any risk of loss at all times.
- CM Wallet Security and Backup Capabilities
Upon registration, you will be required to provide us with your Recovery Data, which can be used to recover your funds in case your Device is stolen, damaged, or otherwise inaccessible. You will also be to provide your Security Data, which is used to encrypt your Data on your Device. Moreover, the Disaster Recovery Kit will allow you to access your funds without any involvement of Fireblocks (in case Fireblocks becomes inaccessible for any reason).
Please note that a recovery process will be available only if you have fully completed the backup process in accordance with the instructions presented on the App and requires the use of your Device Share.
You are solely responsible for the retention and security of your Recovery Data, Security Data and Disaster Recovery Kit associated with your CM Wallet and you must keep them secured offline. Neither Coinmama nor Fireblocks can recreate or access your Device Share and Recovery Data in the event you lost it.
It is very important that you backup your Recovery Data and Security Data. Failure to do so could lead to permanent damage and complete loss of control over and inability to recover your Crypto Assets associated with the CM Wallet. You acknowledge and agree that we cannot generate a new Recovery Data for your CM Wallet if you fail to maintain r your original Recovery Data. If you have not safely stored a backup of your Recovery Data, you accept and acknowledge that any Crypto Assets you have associated with such CM Wallet address will become inaccessible. Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your CM Wallet for any reason including without limitation your failure to keep your Security Data or Recovery Data secure.
It is imperative that you keep a backup of your Recovery Data
and you keep this backup outside of the Services. If you do not maintain a backup of your Recovery Data outside of the Services, you will not be able to access Crypto Assets previously accessed using your CM Wallet in the event that we discontinue or no longer offer some or all of the Services, or you may otherwise lose access to the Crypto Assets. We are not responsible for maintaining this information on your behalf.
- Important Disclaimers
Neither Coinmama nor Fireblocks take possession or control of your Crypto Assets.
Some digital tokens are illegal securities. You shall not use the Services in respect of any trade in any shares, equity or other security, whether legal or not. If you are not sure whether a given asset is a security, please obtain legal advice in your jurisdiction, and consult the U.S. Securities and Exchange Commission (SEC) publications on ICOs ( ) and related topics. The fact of the Services being compatible with a given Crypto Asset shall not be construed as an opinion as the securities status of the Crypto Asset or any other legal or factual aspect of the Crypto Asset.
Coinmama has no control over any Crypto Assets network and therefore cannot and does not ensure that any Transaction details you submit via our Services will be confirmed on the relevant Crypto Assets network. Once Transaction details have been submitted to a Crypto Assets network, we cannot assist you to cancel or otherwise modify your Transaction or Transaction details. Coinmama does not have the ability to facilitate any cancellation or modification requests.
- CM Wallet Registration and Security
When you create a CM Wallet, you will be assigned a private key. You agree to immediately notify us of any unauthorized use of your private key or any other breach of security of your CM Wallet. Notwithstanding the foregoing, you acknowledge and agree that you shall assume all risks related to the use of the Services and you shall be solely responsible for maintaining the confidentiality and security of your private key. When you create a CM Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your CM Wallet. Suggested measures include, but are not limited to, creating a strong unique password that you do not use for any other purpose (i.e. different to your phone password or any other passwords you use for websites, online services, etc.) and leveraging biometric authentication if available and limiting access to your Device and your CM Wallet.
- Payments
Payment and Fees
We do not currently charge a fee for receiving, sending or controlling Crypto Assets in your CM Wallet. However, we reserve the right to do so in the future.
Transaction Fees
There may be Transaction fees (e.g. mining fees) associated with your Crypto Assets Transactions that are required by the virtual currency system or blockchain network that you engage with. You must ensure that you have an adequate balance in your CM Wallet and/or “gas” to complete Transactions before initiating a Transaction. You acknowledge and agree that we will not be liable for any failed Transactions or losses you incur due to incorrectly set Transaction fees (i.e. too low or too high) or due to insufficient funds or gas associated with your CM Wallet address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions.
- Limitations on Service Availability
Prohibited Users
The Service is not available for any user whatsoever. The following persons or entities are prohibited from using the Service (each, a “Prohibited User”): (i) persons or entities who appear on (A) UNITED NATIONS SANCTIONS (UN); (B) AUSTRALIAN SANCTIONS; (C) BUREAU OF INDUSTRY AND SECURITY (US); (D) EU FINANCIAL SANCTIONS; (E) OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS (CANADA); (F) US DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSET CONTROL (OFAC) – SPECIALLY DESIGNATED NATIONALS (SDN); (G) UK FINANCIAL SANCTIONS (HMT); (H) US CONSOLIDATED SANCTIONS; (I) DEPARTMENT OF STATE, AECA DEBARRED LIST (US); (J) DEPARTMENT OF STATE, NONPROLIFERATION SANCTIONS (US); (K) SANCTIONS APPLIED BY LITHUANIAN GOVERNMENT (ii) persons or entities or who are nationals or residents of Cuba, Iran, North Korea, Sudan, or Syria; (iii) persons or entities who are less than 18 years of age or not of the age of majority in Your Jurisdiction; (iv) persons or entities located in or domiciled in a jurisdiction where use of the Service or Transactions is illegal or requires a license or registration that such person or entity does not hold; and (v) Persons, or their Affiliates who have been subject to termination by Coinmama.
If you are not yet both eighteen (18) years old and of the age of majority in Your Jurisdiction, you may not use the Service. We reserve the right to require you at any stage to provide proof of age so that Coinmama can verify that you are not a Prohibited User. Prohibited Users shall be blocked from using the Service.
Prohibited Uses
You shall not use the Service for any Prohibited Use (as defined below).
Prohibited Crypto Assets
You shall use the Service in furtherance of Transactions involving only Crypto Assets that has been indicated as compatible by Coinmama, as applicable (all other, crypto currencies or tokens that are not so indicated, “Prohibited Crypto Assets”).
Some digital tokens are illegal securities. You shall not use the Service in respect of any trade in any shares, equity or other security, whether legal or not. If you are not sure whether a given asset is a security, please obtain legal advice in Your Jurisdiction, and consult the U.S. Securities and Exchange Commission (SEC) publications on ICOs (www.sec.gov/ICO) and related topics. The fact of the Services being compatible with a given Crypto Asset shall not be construed as an opinion as the securities status of the Crypto Asset or any other legal or factual aspect of the Crypto Asset.
Service Modifications or Suspension
Coinmama reserves the right to modify the Service or suspend it without prior notice to or consent from you. You agree that Data or other content available through the Service may be changed or removed at any time without any notice to you. Coinmama shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Service.
- Risk of Crypto Assets
You acknowledge and accept that there are inherent risks associated with Crypto Assets and that such risks extend to Transactions. These risks include but are not limited to the failure of hardware, software or internet connections, the risk of malicious software introduction and the risk of unauthorized access to Account (if any) or Your CM Wallet. It is your responsibility to familiarize yourself with the risks involved with Crypto Assets, their protocols and networks. Use of the Service does not remove these risks. Coinmama is not responsible for any communication failures, disruptions, errors, distortions or delays when using the Services, however they may be caused. Transactions are contingent on the relevant Crypto Assets network remaining operational which may be a function of Crypto Assets miners, none of which are controlled by Coinmama and for which Coinmama has not liability. You acknowledge and agree that the value of Crypto Assets can change rapidly and without warning, increase or decrease unexpectedly and may even fall to zero. Transactions will take time to be confirmed and may in some cases not be completed. If you attempt to send or receive Crypto Assets that are not supported by the CM Walle, they may be lost entirely and not be recoverable. In no event will Coinmama be liable to you or to any third party for any of the foregoing. If the Services post a dollar value in association with a given Crypto Asset, such posting does not constitute a representation or guarantee as to the actual or projected value of such assets. It is your responsibility to independently ascertain the value of your Crypto Assets, without relying on the Services. You understand and accept that there are also inherent risks associated with using any Crypto Assets. Crypto Assets are not Fiat money and are not insured by the FDIC or any other insurer. Most Crypto Assets Transactions are irreversible and if you lose the private keys to the CM Wallet, all your Crypto Assets may be taken and may not be retrievable. These risks include but are not limited to unanticipated changes to the network protocol and unknown vulnerabilities which may include or result in underlying technology attacks. Other possible changes that could render your CM Wallet inaccessible may include forks or rollbacks of Crypto Assets, networks, or blockchains. Coinmama has no control over any Crypto Assets and will not be responsible for any loss you suffer when you transact via any Crypto Assets.
Coinmama has no duty to monitor the Services for fraud or other suspicious activity. However, if Coinmama determines that any instance of the Service exposes you, Coinmama or any third party to any legal, financial, security or reputational risk, Coinmama reserves the right to suspend the Service in respect of the Transactions, persons or entities involved and Coinmama shall have no liability you or any third party for such action.
- Your Representations and Warranties
You represent and warrant to Coinmama that:
- You shall not use the Service for any Prohibited Use or in support of any Prohibited User or for any Prohibited Crypto Assets Transaction;
- The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- You will not infringe or violate any of the Terms;
- You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder;
- If you use the Service on behalf of a business, corporate or charitable entity, you represent, warrant and agree: (i) that you are duly authorized under any applicable law to represent such entity in connection with these Terms and to commit it to be bound by these Terms; (ii) hereby make all representations and warranties herein on both your and its behalf; and (iii) personally guarantee performance by such entity hereunder;
- You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise engage with other use of the Service;
- Your CM Wallet is owned and controlled exclusively by you;
- You are solely responsible for complying with applicable laws regarding use of the Service;
- You shall not rely on Coinmama and fully understand that Coinmama does not provide any endorsement, support, financial advice, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any goods, services, information or content that may be available to you in connection with the Services;
- You shall obtain independent professional advice (including financial, legal, accounting, commercial and any other advice) to protect your interests before engaging in any Transaction. You acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and Coinmama;
- You have read and agree to assume the risks identified above; and
- You shall not use the Service to share any passwords or private keys for Your CM Wallet or other accounts.
- You shall not use the Service to share any passwords or private keys for Your CM Wallet or other accounts;
- You shall not infringe any Intellectual Property Rights of Coinmama (including, but not limited, Intellectual Property Rights of the Service – Coinmama owns all rights to the Service not expressly granted to the Users under these Terms).
- Intellectual Property Rights
The Service is protected by copyright, trade secret and other Intellectual Property Rights. Coinmama owns the title, copyright and other worldwide Intellectual Property Rights in the Service. Nothing in this Agreement grants you any right, title or interest in the Service or other software or Intellectual Property Rights of Coinmama. All Intellectual Property Rights relating to the Service and all elements thereof shall be and shall remain the property of Coinmama and its licensors.
You shall not:
- copy, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Service, including any information, material and data available on the Service (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without Coinmama’s prior written consent;
- copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble the Service or permit others thereto;
- make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Coinmama’s prior written consent;
- create a browser or border environment around the Service or Content, link, including in-line linking, to elements on the Service, such as images, posters and videos, and/or frame or mirror any part of the Service, unless as expressly permitted hereunder;
- interfere with or violate any other your right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
- transmit or otherwise make available in connection with the Service, and/or use the Service to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- sell, license, or exploit for any commercial or non-commercial purposes any use of or access to the Content or Service;
- create a database by systematically downloading and storing all or any of the Content, or forward any Data generated from the Service without the prior written consent of Coinmama;
- infringe any Intellectual Property Rights of Coinmama in any other possible way.
“Coinmama” and all logos and other proprietary identifiers used by Coinmama in connection with the Service (“Coinmama Trademarks”) are all trademarks and/or trade names of Coinmama, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Service, belong to their respective owners (“Third Party Marks”). No right, license, or interest to Coinmama Trademarks or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Coinmama Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You shall not remove any copyright notices, restrictions and signs indicating proprietary rights of Coinmama or its licensors, including copyright mark [©] or trademark [® or ™] contained in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You shall not engage in using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Coinmama Marks.
- Privacy
You acknowledge that by using the Services you wilfully grant Coinmama and Fireblocks a royalty-free, fully paid, revocable, non-exclusive license to use, process, display, copy, modify, make derivative works of, and store the Usage Data solely to: (i) provide you with the Services; (ii) administer and make improvements to the Services; and (iii) collect and analyze aggregated anonymous information. You acknowledge that the Services do not operate as an archive or file storage system. You are solely responsible for the backup of any Usage Data and You alone must implement any backup plans and safeguards you appropriate.
We respect your privacy and are committed to protecting the information you share with Coinmama in connection with the Service. Our Data policy and practices and the type of information collected are described in Coinmama Privacy Policy, at https://www.coinmama.com/privacy.
You represent that all Data and other information that you provide to Coinmama shall be true and accurate. Any false or fraudulent information or use of Service is prohibited.
On any termination of these Terms, Coinmama and its Affiliates may, at their discretion, maintain a copy of your Data for up to seven (7) years but use it only (i) to compile anonymized statistical information; (ii) to reduce possible instances of fraud; and (iii) to comply with applicable laws.
- Availability
The Service’s availability and functionality depend on various factors, such as communication networks, software, hardware, Coinmama’s service providers and contractors, and such Third Party Services carrying the Service. The Service shall not operate or be available at all times without disruption or interruption and is not immune from unauthorized access and errors.
- LIMITATION OF LIABILITY
COINMAMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE.
THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
COINMAMA AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “COINMAMA AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY OR COMMUNICATED BY COINMAMA HEREUNDER OR BY ANY THIRD PARTY.
COINMAMA DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE INTEGRATED OR LINKED TO THE SERVICE OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, INCLUDING ANY EXCHANGE.
COINMAMA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. COINMAMA MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COINMAMA AND/OR ANY OF THE COINMAMA AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURRE OF COINMAMA TO PERFORM UNDER THESE TERMS, AND OTHER ACT OR OMISSION OF COINMAMA BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM YOUR CONDUCT OR THAT OF ANY EXCHANGE OR OTHER THIRD PARTY.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF COINMAMA UNDER THESE TERMS EXCEED USD$10.00 (TEN UNITED STATES DOLLARS).
- Indemnification
You shall defend, indemnify and hold harmless Coinmama and any Coinmama Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising from: (i) your use of the Service (or any part thereof); (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service, including without limitation any damage related to cryptocurrency purchased and/or sold by you in connection with the Service; (iv) your violation of any third party rights; and (v) any charge-back or cancellation of any monetary deposit, cryptocurrency transfer or payment made by you through the Service.
- Amendments
Coinmama may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy. Therefore, you are requested to familiarize yourself with the Terms and Privacy Policy each time you use the Service.
- Termination
At any time, Coinmama may block your access to the Service or terminate these Terms, for any reason, at its sole discretion, in addition to any other remedies that may be available to Coinmama under any applicable law.
Additionally, Coinmama may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Coinmama does not assume any responsibility nor liability with respect to, or in connection with the termination of the Service and/or loss of any Data.
You may terminate these Terms at any time for any reason or for no reason.
No termination of these Terms shall reduce any of your liabilities which accrued prior to such termination.
Your access to the funds in your CM Wallet after termination will depend on your access to your backup of your CM Wallet address and private key.
- General
- These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Coinmama and you.
- These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related Transaction shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel] without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in [Tel Aviv, Israel.
- Coinmama may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without Coinmama’s prior explicit and written consent will be null and void.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- These Terms constitute the entire terms and conditions between you and Coinmama relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Coinmama and you, including, without limitation, those made by or between any of Coinmama respective representatives, with respect to the Service. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Coinmama in entering into these Terms.
- The following provisions of these Terms shall survive any termination hereof: 3 (CM Wallet Security and Backup Capabilities), 8 (Risk of Crypto), 9 (Representations and Warranties), 10 (Intellectual Property Rights), 11 (Privacy), 13 (LIMITATION OF LIABILITY), 14 (Indemnification), 16 (Termination), 17 (General) and 19 (Glossary).
- Contact
If you have any questions or comments concerning these Terms, please contact Coinmama through the contact information posted in the Service.
- Glossary
The following terms as used in these Terms shall have the definitions indicated:
“Affiliate” means, in relation to a person or entity, another person or entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the person or entity, or a person’s or entity’s principal partners, shareholders, or owners of some other ownership interest.
“Coinmama Privacy Policy” means the privacy policy of Coinmama applicable to the Services posted at https://www.coinmama.com/privacy.“Crypto Assets”, “Virtual Currency”, “Digital Currency” means one or another convertible virtual currency, such as Bitcoin: (i) that is indicated in the Service as compatible with the Service; and (ii) that is not illegal to own, purchase or sell in Your Jurisdiction.
“Data” means information concerning you, Coinmama and the Services (relevant to you or the Services, including your Usage Data.
“Disaster Recovery Kit” means a way through which we will provide you with the encryption code required to access the Crypto Assets in your CM Wallet without any involvement from Fireblocks.
“Device” means the mobile device on which this App is installed.
“Device Share” means the Private Key Share which is stored encrypted on your Device and is required for the execution of Transactions.
“Exchange” means a platform that is in the business of buying, selling or exchanging Crypto for Fiat.
“Fiat” means real money issued by a sovereign nation.
“Fireblocks Share” means the Private Key Share which is stored encrypted on Fireblocks’ server and is required for the execution of Transactions.
“Intellectual Property Rights” means all intellectual property rights and all tangible embodiments of such rights, wherever located, including but not limited to the following: (i) all trademarks, service marks or other designations of origin, including all registrations and related applications and all goodwill associated with any of the foregoing; (ii) all copyrights, moral rights, and other rights in works of authorship, including all registrations and related applications; (iii) all inventions and ideas, whether patentable or not, and all patent rights, patents and patent applications; (iv) all know-how, trade secrets, confidential information, and other proprietary rights and information; and (v) all other rights covering intangible property recognized in any jurisdiction.
“Private Key” – the private key that is required to sign Transactions on a Wallet (e.g. sending funds from the Wallet).
“Prohibited Use” means any act or omission that is illegal in the place where you are located or normally domiciled or where Coinmama is located or for any of the following:
- Using the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy;
- Using the Service in a manner that Coinmama reasonably believes to be an abuse of their respective service;
- Using the Service in any manner that could damage, disable, overburden, or impair Coinmama;
- Using the Service in violation of the terms of these Terms, as reasonably determined by Coinmama;
- Bypass any measures which may be used to prevent or restrict access to the Service or certain functionalities therein or those of third parties.
- Using the Service with any activities associated with money laundering, financing of terrorism or violating any sanctions regimes.
“Security Data” – data that will be required to operate the App on your Device. Such data may be a PIN code by your choice or biometric data (a fingerprint or a scan of your face using your Device).
“Recovery Data” – data that will be used to encrypt your Device Share. Such data may be a passphrase by your choice or a scan of your face using your Device.
“Transaction” means an actual or attempted sending Crypto Asset/s from your CM Wallet (e.g. purchase or sale by you of Crypto from or to an Exchange for which you wish to use the Service to receive or send Data. For example, a Transaction may consist of you Buying Bitcoin from an Exchange.)
“Usage Data” means data you may provide, upload, import, transmit, post, or make accessible to us Through your use of the Services.
“Wallet” – means a program / application that stores private and public keys and interacts with applicable cryptocurrency blockchain network(s) to enable users to send and receive Crypto Assets. and monitor their balance.
“Wallet Service” – means the administration of a Wallet, whether by physical device or paper, local software, online host or otherwise—and its provision as an interface for users to control access to their Crypto Assets, manage their Crypto Assets keys and addresses, track their Crypto Assets balance, or execute transactions with their Crypto Assets.
“Your Jurisdiction” means the place where you are located or domiciled or both.